07/29/2025
Excited to share a significant update in our ongoing fight for justice on behalf of thousands of Himalaya Exchange (HEX) members—many of whom are brave Chinese dissidents fleeing persecution by the Chinese Communist Party (CCP). Today, we filed a Notice of Supplemental Authority in the U.S. District Court for the Southern District of New York (SDNY) in the case involving Ho Wan Kwok (Miles Guo) and the seizure of HEX stablecoin assets.
This representation is one of the most challenging I've undertaken: advocating for a persecuted minority whose investments—held in trust via a BVI-based stablecoin exchange—were seized by the U.S. government without jurisdiction. The government has sought penalties, forfeiture, and even proposed throwing these funds into a pool with other "victims," despite HEX's assets being intact dollar-for-dollar. Our clients, who explicitly avoided U.S. jurisdiction per HEX's policies, now face doxxing risks in forfeiture proceedings, exposing them to CCP retaliation amid documented transnational repression (e.g., Operation Fox Hunt and illegal CCP police stations in the U.S.).
But here's the game-changer: On July 18, 2025, President Trump signed the GENIUS Act (S. 1582) into law, revolutionizing U.S. policy on cryptocurrencies and stablecoins. This Act ends "regulation by prosecution" in the digital assets space, mandates clarity for issuers, and aligns with DOJ's April 7, 2025, memo from Deputy AG Todd Blanche halting such tactics. It emphasizes financial stability, innovation, and humanitarian concerns—directly impacting cases like this.
Under the GENIUS Act, shouldn't the government return these seized, intact trust funds immediately? The law's definitions, policies, and directives (including Trump's explicit remarks against "legal persecution of cryptocurrency") demand conformity, especially since no final judgment has been entered. It's almost as if the GENIUS Act hasn't reached the SDNY yet—our filing urges the court to recognize this seismic shift and reverse the seizure to prevent further dissipation of our clients' assets.
Proud to stand with these resilient individuals against overreach. Justice delayed is justice denied—let's hope the court acts swiftly.
https://acrobat.adobe.com/id/urn:aaid:sc:US:8fde60cb-4f86-48a6-b68b-c6e9c77cc0c4